Most people who have wills and other estate planning documents disclose their wishes to their family members. Occasionally, people expecting to inherit from an estate may feel shocked about the terms included in a will. The decedent may have made sudden changes in the last months of their life. They may have added a new beneficiary or disinherited multiple people.
Can beneficiaries contest a will because of its creation late in an individual’s life?
There is no maximum age for estate planning
In theory, an older adult could draft a will the same day that they die. There is no age at which people automatically lose their testamentary capacity. However, advanced age has a correlation with cognitive decline and multiple different debilitating medical conditions.
If there is evidence that the testator lacked testamentary capacity, then a will contest might be possible. An individual’s testamentary capacity relates to their ability to understand their circumstances and the documents that they draft. Many adults retain their testamentary capacity throughout their golden years.
Those hoping to challenge a will in probate court need evidence supporting their claims that the testator couldn’t recall the names of their beneficiaries, struggled to identify their assets or did not understand the implications of the document that they drafted. Testimony from witnesses, medical records proving they had dementia or other evidence affirming their lack of capacity could help support a will contest.
Discussing concerns about a testator’s mental state with a skilled legal team can help people determine if they have grounds to take legal action. Initiating probate litigation could lead to the courts setting aside a document created when an individual no longer understood the repercussions of their choices.